[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Rules and Regulations]
[Pages 72737-72739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28461]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 071203794-81464-02]
RIN 0648-AW36


Pacific Halibut Fisheries; Subsistence Fishing

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to amend the subsistence fishery 
rules for members of an Alaska Native tribe eligible to harvest Pacific 
halibut in waters in and off Alaska for customary and traditional use. 
The action correctly defines the location of Village of Kanatak tribal 
headquarters and International Pacific Halibut Commission (IPHC) 
halibut regulatory area (Area) in which the tribe's members may 
subsistence fish. The action would change the tribe's headquarters from 
Egegik to Wasilla and the corresponding Area from 4E to Area 3A. The 
intent of this action is to remove restrictions on participation of 
Village of Kanatak tribal members in traditional subsistence fisheries 
for Pacific halibut by correcting the tribe's headquarters to its 
actual location in Wasilla.

DATES: Effective December 31, 2008.

ADDRESSES: Copies of the Categorical Exclusion and Regulatory Impact 
Review prepared for this action, as well as the environmental 
assessment prepared for the original subsistence halibut action are 
available by mail from NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 
99802-1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS, 
Alaska Region, 709 West 9\th\ Street, Room 420A, Juneau, Alaska; and 
via the Internet at the NMFS Alaska Region website at http://alaskafisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Peggy Murphy, 907-586-7843.

SUPPLEMENTARY INFORMATION: The United States and Canada participate in 
the International Pacific Halibut Commission (IPHC) and promulgate 
regulations governing the Pacific halibut (Hippoglossus stenolepis) 
fishery under the authority of the Northern Pacific Halibut Act of 1982 
(Halibut Act). Regulations governing the allocation and catch of 
halibut in U.S. convention waters that are in agreement with the

[[Page 72738]]

Halibut Act may be developed by the North Pacific Fishery Management 
Council (Council). Regulations recommended by the Council must be 
approved by the Secretary of Commerce before being implemented through 
the National Marine Fisheries Service (NMFS). The Council prepared an 
environmental assessment/regulatory impact review (EA/RIR) for 
subsistence halibut fisheries in January 2003 (see ADDRESSES), and NMFS 
published the final rule to implement subsistence halibut regulations 
on April 15, 2003 (68 FR 18145). The Alaska Native tribe, Village of 
Kanatak is recognized in the regulations as an organized tribal entity 
with its tribal headquarters located in Egegik, Alaska, within Area 4E. 
However, the tribe's headquarters are actually located in Wasilla, 
Alaska in Area 3A. The initial assignment of the tribal headquarters 
location to Egegik was incorrect.
    The lists of rural communities and native tribes recommended by the 
Council and approved by the Secretary for subsistence fishing 
eligibility were derived from positive customary and traditional 
findings for halibut and bottomfish made by the Alaska State Board of 
Fisheries. The Council retains exclusive authority to recommend changes 
to the list of communities at Sec.  300.65(g)(1) and Alaska Native 
tribes at Sec.  300.65(g)(2) with customary and traditional uses of 
Pacific halibut. The Council recognized the Kanatak Tribal Council's 
request to correct its fishing area because the erroneous listing 
prevented some members of the Kanatak tribe from participating in 
traditional subsistence fisheries except in Area 4E. The Council 
responded by recommending an amendment of the regulations to change the 
listing of the Village of Kanatak's headquarters from Egegik to Wasilla 
and a corresponding change in the halibut regulatory area for 
subsistence fishing from Area 4E to Area 3A.
    This action effectively changes the restriction on individual 
participation in subsistence fishing and is expected to redistribute 
some of the harvesting effort of the Village of Kanatak tribal members 
from Area 4E to Area 3A, and increase customary and traditional uses of 
halibut by individual members of the tribe in Area 3A. Because Wasilla 
is a community located in the Anchorage-Matsu-Kenai non-rural area 
within Area 3A, tribal members who reside there would be required to 
subsistence fish for halibut in Area 3A pursuant to Sec.  300.65(h)(4). 
Area 3A is easier for tribal members to access than Area 4E, hence the 
tribe's request to correct the location of its tribal headquarters in 
regulations at Sec.  300.65(g)(2).
    The action will also improve accuracy of current regulations, and 
the quality of subsistence halibut information. Alternative actions 
considered and rejected may be found in the RIR prepared for this 
action. The background and need for this action were described in 
further detail in the preamble to the proposed rule for this action (73 
FR 45201; August 4, 2008). The RIR and proposed rule are available on 
the Internet and from NMFS (see ADDRESSES).
    The proposed rule was published in the Federal Register on August 
4, 2008 (73 FR 45201), and the public review and comment period closed 
on September 3, 2008. No comments were received, and thus no changes 
have been made to the final rule from the proposed rule.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the International Pacific Halibut Commission (IPHC), the 
Pacific Fishery Management Council, the North Pacific Fishery 
Management Council (Council), and the Secretary of Commerce. Section 5 
of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 
773c) allows the Regional Council having authority for a particular 
geographical area to develop regulations governing the allocation and 
catch of halibut in U.S. Convention waters as long as those regulations 
do not conflict with IPHC regulations. This final action is consistent 
with the Council's authority to allocate the halibut resource among 
fishery participants in the waters in and off Alaska.
    Executive Order (E.O.) 13175 of November 6, 2000 (25 U.S.C. 450 
note), the Executive Memorandum of April 29, 1994 (25 U.S.C. 450 note), 
and the American Indian and Alaska Native Policy of the U.S. Department 
of Commerce (March 30, 1995) outline the responsibilities of NMFS in 
matters affecting tribal interests. Section 161 of Public Law 108-199 
(188 Stat. 452), as amended by section 518 of Public Law 109-447 (118 
Stat 3267), extends the consultation requirements of E.O. 13175 to 
Alaska Native corporations. NMFS has special obligations to consult and 
coordinate with tribal governments and Alaska Native Claims Settlement 
Act (ANCSA) corporations on a government-to-government basis. This rule 
affects individual members of the Village of Kanatak tribe, but not the 
tribe itself, and the village of Kanatak is not recognized as an ANCSA 
corporation. NMFS recognizes the importance of communication, and 
during the process of developing the proposed action, NMFS consulted 
with the Alaska Native Subsistence Halibut Working Group and the 
Kanatak Tribal Administrator.
    The final rule was determined to be not significant for the 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this action, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The action directly regulates subsistence practices of individuals, and 
will not apply to small entities within the meaning of the Regulatory 
Flexibility Act. Because there will not be a significant impact on a 
substantial number of small entities, a regulatory flexibility analysis 
is not required and none was prepared.

List of Subjects for 50 CFR Part 300

    Alaska, Alaska Natives, Fisheries, Fishing, Pacific halibut 
fisheries, Tribes.

    Dated: November 25, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, NMFS amends 50 CFR part 300 as 
follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

0
1. The authority citation for 50 CFR part 300, subpart E, continues to 
read as follows:

    Authority: 16 U.S.C. 773-773k.


0
2. In Sec.  300.65, in paragraph (g)(2):
0
A. In the table for Halibut Regulatory Area 3A, add in alphabetical 
order an entry for ``Wasilla''.
0
B. In the table for Halibut Regulatory Area 4E, revise the entry for 
``Egegik''.
    The addition and revision read as follows.


Sec.  300.65  Catch sharing plan and domestic management measures in 
waters in and off Alaska.

* * * * *
    (g) * * *
    (2) * * *

Halibut Regulatory Area 3A

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   Place with Tribal Headquarters          Organized Tribal  Entity
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* * * * * * *                        ...................................
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Wasilla                              Village of Kanatak
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* * * * * * *                        ...................................
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[[Page 72739]]

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Halibut Regulatory Area 4E

------------------------------------------------------------------------
   Place with Tribal Headquarters          Organized Tribal  Entity
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* * * * * * *                        ...................................
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Egegik                               Egegik Village
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* * * * * * *                        ...................................
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[FR Doc. E8-28461 Filed 11-28-08; 8:45 am]
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